Mangiaracina

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOEL MANGIARACINA, et al., Case No. 16-cv-05270-JST

Plaintiffs, ORDER DENYING EX PARTE

MOTION FOR RELIEF FROM

v. UNTIMELY DISCLOSURE

BNSF RAILWAY COMPANY, et al., Re: ECF No. 207 Defendants.

12 Now before the Court is Plaintiffs’ Joel Mangiaracina and Ranee Chaloeicheep’s motion for relief from untimely disclosure. ECF No. 207. Plaintiffs seek the right to introduce the supplemental expert reports and accompanying testimony of their medical, vocational rehabilitation, and economist experts. Because the Court finds that late disclosure of these materials was neither substantially justified nor harmless, the Court will exclude the testimony in question and deny the motion. The Court’s Amended Scheduling Order set the expert disclosure deadline for June 8, 2018. ECF No. 86. With regard to expert discovery, “[t]he parties . . . agreed to forego expert depositions and proceed on reports and files only; with the exchange of…